Terms & Conditions
Welcome to the Internet sites of Wallywine.com, LLC ("Wallywine.com"). wallyWallywine.com includes Wallywine.com, and other Internet sites affiliated with wallyWallywine.com, LLC, (each a "Wallywine.com Site"). Each Wallywine.com Site is operated by Wallywine.com, LLC, and its affiliates (collectively referred to herein as "we," "us," or "our"). PLEASE NOTE THAT YOUR USE OF THE Wallywine.com SITE IS SUBJECT TO THE FOLLOWING TERMS ("TERMS OF SERVICE"). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF SERVICE, DO NOT ACCESS OR OTHERWISE USE THIS Wallywine.com SITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE. YOUR USE OF THE Wallywine.com SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. THE TERMS OF SERVICE MAY BE UPDATED BY Wallywine.com FROM TIME TO TIME WITH OR WITHOUT NOTICE TO YOU. YOUR CONTINUED USE OF THE Wallywine.com SITE INDICATES ACCEPTANCE OF ANY MODIFICATIONS TO THE TERMS OF SERVICE. User Obligations You agree not to do any of the following while using the Wallywine.com Site: • Intentionally or unintentionally violate any applicable law or regulation. • Access, tamper with, or use nonpublic areas of the Wallywine.com Site or Wallywine.com's computer systems. Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution. • You will not access the Wallywine.com Site with any manual or automated process for any purpose other than to purchase Wallywine.com products and services as expressly allowed by these terms and conditions. Use of any automated system or software to extract data from the Wallywine.com Site ("data scraping") is prohibited, regardless whether such use is for commercial or noncommercial purposes. • Frame or link to the Wallywine.com Site except as permitted in writing by Wallywine.com. The Sale of Alcoholic Beverages Wallywine.com does not sell alcohol to persons under the age of 21. By using this site you swear and affirm that you are over the age of 21. Wallywine.com makes every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21. By using this site you are acknowledging that the person receiving a shipment of alcoholic beverages from Wallywine.com is over the age of 21. You also agree that any alcohol purchased from Wallywine.com is intended for personal consumption and not for resale. If you do not agree with these conditions of use please do not use this site. If you intentionally or unintentionally misrepresent your age in order to provide alcohol to a person under the age of 21 Wallywine.com will prosecute you fully to the extent allowable by law. Title and Ownership Title to, and ownership of, all wine passes from Wallywine.com to the purchaser at the warehouse and state it is purchased in and the purchaser takes all responsibility for shipping it from the warehouse to his/her home state. By arranging for transportation of the wine, Wallywine.com is providing a service to, and acting on behalf of the purchaser. By utilizing this service from Wallywine.com, the purchaser is representing that he/she is acting in a fashion compliant with his/her local and state laws regarding the purchase, transportation and delivery of wine. The purchaser represents that he/she has obtained any required permission, paid any required fees, is working through properly licensed intermediaries where required, is legally entitled to take possession of wine and is legally entitled to take quantities ordered and once again authorizes that he/she is 21 years of age. Third Party Content and Monitoring Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on this Wallywine.com Site by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of Wallywine.com. Wallywine.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this Wallywine.com Site by anyone other than authorized Wallywine.com employees acting in their official capacities. Parental Control Protections As required by the Communications Decency Act of 1996, Wallywine.com hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to Content that may be harmful to minors. Among the many companies that provide Internet blocking and screening software are CyberPatrol, NetNanny, SurfWatch, and GuardOne. Wallywine.com does not sponsor or endorse any of these companies or their services. Links The Wallywine.com Site may contain links to other web sites or resources. You acknowledge and agree that Wallywine.com is not responsible or liable for (1) the availability or accuracy of such web sites or resources; or (2) the content, advertising, or products on or available from such web sites or resources. The inclusion of any link on the Wallywine.com Site does not imply that Wallywine.com endorses the linked site. Returns 10 Day Return Policy – Unused Products Only and Cancellations Returns and cancellations are only accepted within 10 days of the date of purchase. To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging. To return your wine, please contact us at customerservice@Wallywine.com. If the product is received by us in unused and undamaged condition and in its original packaging, we will refund your purchase. Damaged in Shipment If you receive your wine and it has been damaged during shipment, please email us at customerservice@Wallywine.com within 3 days of receiving the shipment. Include a description of the damages and include pictures if possible. This information is extremely helpful to us in making sure that our products are packaged and shipped properly. We will arrange for the damaged products to be replaced. Refunds Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days. Exchanges We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at customerservice@Wallywine.com. Protection of Content Provided by Wallywine.com and Its Licensors All text, prices, graphics, logos, icons, images, audio clips and software on the Wallywine.com Site ("Site Content") are copyrighted materials owned by or licensed to Wallywine.com. The Site Content may contain trademarks, service marks and trade names which are owned by Wallywine.com and its affiliates, and may also contain brand and product names which are trademarks, service marks or trade names which are owned by certain third parties. Any Events described in the Site Content may be subject to other intellectual property rights, the exercise of which rights are expressly reserved by Wallywine.com, its affiliates, or third parties. "Wallywine.com" is a trademark of Wallywine.com. Unless authorized in writing by an officer of Wallywine.com, Wallywine.com's trademarks may not be used in connection with any product or service that is not Wallywine.com's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Wallywine.com. You may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare derivative works based on, frame, mirror, repost, exploit for any commercial purpose, or otherwise use any of the Site Content in any way for any public or commercial purpose without prior written consent of Wallywine.com or the rights holder. You may not use the Site Content on any other web site or in a networked computer environment for any purpose. If you violate any of these terms, your permission to use the Site Content will automatically terminate, you must immediately destroy any copies you have made of the Site Content, and we may end your authorization to use the Wallywine.com Site. Nothing contained in the Wallywine.com Site shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights ("IP Rights") of Wallywine.com, its affiliates, or any third party, and, except as provided in these Terms of Service, the exercise of all such IP Rights in the services, products, processes or technologies described in the Site Content are expressly reserved to Wallywine.com, its affiliates, and/or any third party, as applicable. Copyrights and Designated Agent For Notification of Claims of Infringement Wallywine.com respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Wallywine.com's Designated Agent the following information: Wallywine.com's Policy Concerning Claims of Infringement Written Notice of Copyright Claims. Claims of infringement should be in writing and should be directed to Wallywine.com's designated agent as specified below. Please include the following information: • A signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; • A description of the copyrighted work that you claim has been infringed; • A description of where the material that you claim is infringing is located on the site; • Your address, telephone number, and email address; • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; • A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Disclaimer of Warranties ALTHOUGH Wallywine.com ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THE Wallywine.com SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE Wallywine.com SITE. Wallywine.com DOES NOT WARRANT THAT YOUR USE OF THE Wallywine.com SITE, OR THE OPERATION OR FUNCTION OF THE Wallywine.com SITE, ANY COMPONENT THEREOF, OR ANY PRODUCTS, SOFTWARE OR SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THIS SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. YOUR USE OF THE Wallywine.com SITE IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIR OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE WEBSITE. Wallywine.com AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE Wallywine.com SITE. THE Wallywine.com SITE CONTENT PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE. Limitation of Liability IN NO EVENT SHALL Wallywine.com AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE Wallywine.com SITE, THE USE OR PERFORMANCE OF THE Wallywine.com SITE, THE DELAY OR INABILITY TO USE THE Wallywine.com SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Wallywine.com SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Wallywine.com SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Wallywine.com OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Wallywine.com SITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Wallywine.com SITE. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS Wallywine.com'S LIABILITY OR YOUR REMEDIES. Accessibility Information Wallywine.com strives to have our website and mobile applications accessible and user-friendly to everyone. We believe that all adults should be able to share our passion and be able to buy wine and spirits online. To accomplish this, we follow the Web Content Accessibility Guidelines (WCAG) 2.0 Level AA. We take this standard seriously. Here are a few measures we have taken to reach this goal: we have partnered with third parties to test our website for accessibility issues, changed our color contrasts, changed our website to allow for full keyboard access, and changed our website and applications to better accommodate those with assistive technologies.